Who is Liable for a Truck Accident?

The aftermath of crashes involving large trucks, such as dump trucks and semi-trucks, nearly always leaves victims with life-altering injuries and overwhelming financial burdens that make it difficult to focus on their recovery. Medical expenses quickly accumulate, and the inability to work leaves victims and their families struggling to cover daily expenses.

Establishing liability in these cases can be complex, often involving multiple responsible parties and requiring extensive investigation to determine fault. If you want to get the full financial recovery to which you’re entitled, you should work with an experienced Seattle truck accident attorney who has the skills and resources to hold all liable parties accountable for the harm they’ve caused.

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Who Can Be Liable After a Truck Accident?

Truck accidents typically result in devastating injuries and involve highly complicated legal issues that require skilled representation. The laws governing commercial trucks are not the same as those for passenger vehicles. All drivers of commercial motor vehicles must hold a commercial driver’s license and comply with state and Federal Motor Carrier Safety Administration (FMCSA) regulations.

Additionally, liability claims can be influenced by many factors, such as where the accident occurred and whether it was due to a manufacturing defect or human error. While it’s easy to assume that the truck driver is liable after a truck accident, multiple parties may bear legal responsibility for your injuries. A skilled truck accident lawyer can thoroughly review the facts of your case, gather evidence, and negotiate on your behalf to achieve the best possible outcome.

Depending on the circumstances of your particular accident, here are some of the parties who may be responsible for the harm you’ve suffered:

Truck Driver

If a truck driver’s actions or negligence contributed to an accident, they will generally hold some responsibility for the injuries and damages you incurred. While most driving commercial trucks are employees of a company or agency, some work as independent contractors. If the driver works as an independent contractor and is self-employed, they may be found entirely responsible for an accident resulting from their actions or negligence.

A truck driver can also be liable for an accident caused by the following actions:

• Distracted driving
• Speeding
• Fatigued driving
• Violating traffic laws
• Aggressive or reckless driving

If a maintenance problem or cargo shift contributes to an accident, a truck driver may also be partially responsible. Establishing fault for a truck accident typically involves a detailed investigation into the driver’s actions, vehicle maintenance, and compliance with industry regulations. A seasoned truck accident lawyer can provide invaluable assistance by gathering and analyzing all relevant evidence, including maintenance records and witness testimonies, to support your claim and fight for the compensation you deserve.

Trucking Companies

Trucking companies must follow specific rules and regulations and are ultimately responsible for the trucks and drivers they deploy. Unfortunately, not all trucking companies implement systems that prioritize driver safety. Under the law of “respondeat superior,” trucking companies can be liable for their employees’ actions, provided those actions fall under the scope of employment.

Trucking company negligence can come in different forms, including:

• Cutting corners to meet deadlines
• Hiring unqualified or inadequately trained drivers
• Requiring the driver to meet unrealistic delivery deadlines
• Hiring drivers with past FMCSA regulations infractions on their records
• Failing to maintain trucks or conduct proper vehicle inspections regularly

With the help of a knowledgeable truck accident attorney, victims can pinpoint the exact regulatory lapses that may have contributed to the accident. Sometimes, a truck accident may involve more than just the truck driver or trucking company.

Here are some examples of other parties that can also share responsibility for the damages in a truck accident:

The Owner of the Truck

Trucking companies don’t always own the trucks their drivers use. When a trucking company rents trucks from a separate party to perform their work, the truck owner can be liable for damages even if another person was behind the wheel at the time of the accident.

Truck owners are responsible for the maintenance of their trucks, including checking brakes and fluid levels, replacing worn-out tires, safeguarding engine function, and other tasks that ensure the vehicle’s safety. If an accident resulted from poor inspection, lack of maintenance, or something else to do with the functions of the truck, the owner of the truck may be liable after a crash.

Cargo Shippers and Loaders

Some trucking companies work as contractors, transporting cargo packaged and loaded by other entities. If improperly loaded or secured cargo leads to an accident, the entity responsible for loading the truck might be found responsible. Records from each party involved with the cargo, including the cargo shippers, loaders, trucking company, and driver, can help establish whether any violations in loading procedures or safety regulations contributed to the accident.

In addition to investigating the records, physical evidence such as photographs of the scene, the cargo, and the truck itself can provide insight into how the load was compromised. A knowledgeable truck accident lawyer can analyze all relevant documents, gather physical evidence, and work with experts to pinpoint the cause of the crash.

Truck Parts Manufacturers and Makers

If a defect contributed to an accident, the truck manufacturer or the part that failed would likely be found liable for damages. For example, if a steering wheel part breaks or detaches and leads to an accident, the truck owner may have grounds to sue the company responsible for manufacturing that part. In addition to steering wheel parts, several other components can be faulty and result in dangerous accidents.

These include:

• Tire blowouts
• Fuel system leaks
• Suspension issues
• Engine malfunctions
• Brake system failures
• Transmission malfunctions
• Airbag deployment issues

While some of these issues can be linked to maintenance issues, a product liability claim may be pursued against the manufacturer or distributor if the failed part or system was defective from the moment it left production. A successful product liability claim can help accident victims secure compensation for their injuries, property damage, and any other losses resulting from the accident.

Government Agencies and Contractors

When a roadway hazard, such as a soft shoulder, pothole, or broken pavement, contributes to a truck accident, the local or state government responsible for maintaining that section of the highway can be accountable for the damages. Investigations into past complaints about road conditions and records of repairs or lack thereof can help determine whether the responsible government agency failed to take timely action to address the hazard.

In some cases, a negligent maintenance contractor hired by the government can also be liable for the accident if their work caused a problem or if a work zone setup contributed to a collision. For example, if a contractor sets up a work zone without proper signage or improperly repairs a section of the road, which contributes to a truck accident, they can face liability for the damages caused.

Claims against the government may be subject to unique rules; in some cases, the government may be immune from liability. Consulting with a qualified truck accident lawyer can offer you valuable insight into the best strategies for pursuing compensation and maximizing your recovery.

Truck accidents frequently involve several potential defendants, each holding varying degrees of liability. Assessing the extent of each party’s liability requires thoroughly examining all relevant factors, including the actions of the truck driver, the trucking company, and any third parties involved.

As each party may have its own insurance providers and legal representation, managing the claims process can quickly become complex. If you’ve been seriously injured or lost a family member in a truck collision, an experienced attorney can handle everything from determining the full extent of your damages to advocating for your best interests during settlement negotiations and potential court proceedings.

Compensation Available After a Truck Accident

The enormous damage caused during a truck accident leaves victims with serious injuries, costly medical bills, a lot of missed work time, and significant emotional burdens. Thankfully, if you or a loved one is affected by a truck accident caused by another person’s negligence, you have the right to seek compensatory damages. The amount and type of damages you may be eligible to recover will depend on the specific losses you’ve experienced and their impact on your life.

Generally, a plaintiff can file a lawsuit to recover two types of damages: economic and non-economic.

Economic damages compensate a victim for direct financial losses with clear monetary values. These damages may also account for anticipated medical costs and lost earnings if your injuries leave you unable to return to work.

Some examples of these damages include:

• Medical expenses: This includes all current and future medical costs associated with treating injuries from the accident. Victims may recover compensation for ER visits, surgeries, physical therapy, prescription medications, and specialized medical equipment required for rehabilitation.
• Lost income: Addresses current income lost due to missed work and potential future earnings lost if injuries prevent you from returning to your previous job or earning at the same level.
• Property damage: Victims may seek compensation for the cost of repairing or replacing their vehicle if it was damaged in the accident. Additionally, reimbursement may be available for personal belongings inside the vehicle, such as electronics, clothing, or other valuables damaged or destroyed in the crash.

Non-economic damages are often more difficult to calculate because they focus on the personal and emotional toll of the accident. Evidence such as therapy records, testimony from mental health experts, and witness statements from family members detailing the victim’s daily struggles.

These damages may include:

• Pain and suffering: This covers the physical pain, emotional distress, and reduced quality of life endured by the victim due to the accident. It also addresses the lasting effects on the victim’s mental well-being, such as anxiety, depression, PTSD, and mental anguish stemming from the accident.
• Loss of enjoyment of life: This refers to the diminished ability to participate in activities and hobbies the victim once loved due to the injury. For some, this can mean no longer participating in recreational activities or enjoying quality time with family and friends in the same way.
• Permanent disabilities: When an injury results in lasting physical or cognitive impairments, it can significantly impact the victim’s ability to work, perform daily tasks, and maintain independence. These disabilities may require lifelong medical care, assistive devices, or home modifications to accommodate new limitations.
• Loss of consortium: This refers to the impact an injury has on the victim’s relationship with their spouse, including the loss of companionship, emotional support, and physical intimacy. It recognizes the strain that serious injuries can place on a marriage, affecting the couple’s ability to engage in shared activities and maintain the same level of connection.

Punitive damages may be awarded in rare cases when there’s clear evidence of extreme negligence or deliberate misconduct, such as ignoring federal safety regulations or skipping required truck maintenance. These damages aim to punish the responsible party and discourage others from engaging in similar behavior in the future.

Additionally, if you lost a loved one because of a truck accident, you may be entitled to compensation for funeral expenses, lost financial support, and emotional distress by filing a wrongful death suit. It is essential to keep in mind that only certain surviving family members are eligible to pursue a wrongful death claim. This typically includes the spouse, children (including adopted children), and parents (including adoptive parents) of the deceased.

The amount of compensation you can receive after a truck accident will be influenced by several factors, including the severity and long-term impact of your injuries on your life and the amount of evidence available to support your claim.

Contact a Truck Accident Attorney Today for Sound Legal Advice

The last thing you want to think about while you are recovering from your injuries after a truck accident is dealing with insurance companies and the stress of negotiating a fair settlement.

While you focus on healing, a dedicated truck accident lawyer can provide invaluable assistance by negotiating aggressively on your behalf to secure a fair settlement that reflects the full value of your claim and taking your case to court if necessary. Schedule a complimentary case review with Seattle Personal Injury Attorneys today and take the first step toward securing the justice you deserve.

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